Page 40 - Obligations & Contracts Module 1-2

*Requisites of Implied Condonation/Remission:

1. voluntary delivery – presumption; when evidence of indebtedness is w/ debtor –presumed

voluntarily delivery by creditor; rebuttable

2. effect of delivery of evidence of indebtedness is conclusion that debt is condoned

– already conclusion; voluntary delivery of private document

a. if in hands of joint debtor – only his share is condoned

b. if in hands of solidary debtor - whole debt is condoned

c. Tacit – voluntary destruction of instrument by creditor; made to

prescribe w/o demanding

5. CONFUSION OR MERGER OF RIGHTS– character of debtor & creditor is merged in same

person with respect to same obligation

*REQUISITES:
a. It must take place between principal debtor & principal creditor only

b. Merger must be clear & definite

c. The obligation involved must be same & identical – one obligation only
d. Revocable, if reason for confusion ceases, the obligation is revived